Telangana High Court
Sri. G. Srinivas Reddy vs The State Of Telangana on 28 March, 2022
Author: K. Lakshman
Bench: K. Lakshman
HON'BLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.1542 OF 2022
ORDER:
Heard Mr. P. Shashi Kiran, learned counsel for the petitioners and learned Assistant Public Prosecutor appearing on behalf of respondent No.1, and perused the record.
2. The present criminal petition is filed by the petitioners to quash the proceedings in Crime No.117 of 2021 of Patancheru Police Station, Sangareddy District.
3. The petitioners herein are accused Nos.1 to 3 in the said Crime. The offence alleged against them is under Section - 420 of IPC.
4. In compliance of the order dated 17.02.2022, learned counsel for the petitioners herein has filed Memo vide USR No.23710 of 2022 along with Postal Track Consignment Report with an endorsement Item Onhold Door Locked.
5. Learned Assistant Public Prosecutor, on instructions, would submit that the Investigating Officer has recorded the KL,J Crl.P. No.1542 of 2022 2 statements of nine (09) witnesses and that investigation is almost completed.
6. After the complaint dated27.02.2021, the parties herein have entered into Memorandum of Understanding dated 05.04.2021. Perusal of the record would reveal that there are disputes between the petitioner and respondent No.2 with regard to the property in Isnapur Village, Patancheru Mandal, Sanga Reddy District. Thus, there are several factual aspects to be investigating by the Investigating Officer during the course of investigation including the allegations made by respondent No.2 herein in the complaint dated 27.02.2021. The Investigating Officer has to consider the said MOU dated 05.04.2021.
7. As stated above, the Investigating Officer has already recorded the statements of nine (09) witnesses under Section - 161 of the Cr.P.C. Punishment prescribed for the offence alleged against the petitioner is below seven (07) years.
8. Considering the aforesaid aspects, the present Criminal Petition is disposed of directing the Investigating Officer in Crime KL,J Crl.P. No.1542 of 2022 3 No.117 of 2021 of Patancheru Police Station, Sangareddy District to follow the procedure laid under Section - 41A of Cr.P.C. and the guidelines issued by the Hon'ble Supreme Court in Arnesh Kumar v. State of Bihar1. Further, the petitioners herein shall co- operate with the Investigating Officer by furnishing necessary information and documents as sought by him in concluding investigation. Though the crime was registered on 27.02.2021, the Investigating Officer has not completed the investigation and filed final report / charge sheet. Therefore, the Investigating Officer is further directed not to arrest the petitioners herein till completion of investigation and filing of final report / charge sheet.
As a sequel, the miscellaneous petitions, if any, pending in the Criminal Petition shall stand closed.
_________________ K. LAKSHMAN, J 28th March, 2022 Mgr 1 . (2014) 8 SCC 273.